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McSHAN v. OMEGA LOUIS BRANDT ET FRERE, S.A.

No. 877, Docket 75-7654.

536 F.2d 516 (1976)

Clarence H. McSHAN, Plaintiff-Appellant, v. OMEGA LOUIS BRANDT Et FRERE, S.A. and Societe Suisse Pour L'Industrie Horlogere Management Services, S.A., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Solomon M. Lowenbraun, New York City, for plaintiff-appellant.

Henry L. Shenier, New York City (Shenier & O'Connor, William A. Kinnaman, Jr., New York City, of counsel), for defendants-appellees.

Before FRIENDLY, HAYS and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

Clarence H. McShan commenced an action for breach of contract on February 26, 1975 in the New York Supreme Court, Queens County, by service of a summons and complaint on the defendants at their principal offices in Bienne, Switzerland. On March 26, 1975 the defendants removed the action to the United States District Court for the Eastern District of New York by filing a petition and bond, 28 U.S.C. § 1446, on the basis of diversity of...

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